Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN AND YOUNG PEOPLE ACT 1999 (REPEALED) - SECT 116

    (1)     If a person in relation to whom a probation order, an attendance centre order, a community service order or a residential order is made contravenes the order or a condition of the order, without reasonable excuse, the person is guilty of an offence against this section.

    (2)     If a person is convicted of an offence against this section or the Childrens Court finds an offence against this section to be proved but does not proceed to a conviction, the court may make 1 or more of the following orders:

        (a)     an order that the court is empowered to make, by this Act or another law, with respect to the offence in relation to which the original order was made;

        (b)     an order—

              (i)     revoking or varying the original order; or

              (ii)     directing the person to comply with the original order as far as it has not been complied with.

    (3)     When making an order under subsection (2) (a), the Childrens Court must, in addition to any other matters that the court considers should be taken into account, take into account—

        (a)     the fact that the original order was made; and

        (b)     anything done under the original order; and

        (c)     any other order made in respect of the offence in respect of which the original order was made and anything done under that other order.

    (4)     The Childrens Court may only make an order under subsection (2) (a) imposing a penalty that, when taken together with a penalty previously imposed for the offence in relation to which the original order was made, is no greater than the maximum penalty the court could have imposed for that offence.

    (5)     If—

        (a)     the Childrens Court makes or varies a probation order under subsection (2) in respect of a young person; and

        (b)     there is in force another order of the kind mentioned in section 96 (1) in respect of the young person;

the court may order that the probation order is to commence to have effect when the other order ceases to have effect.

    (6)     In this section:

"original order", in relation to a young person, means the order mentioned in subsection (1) that the person contravened, or the condition of which the person contravened.